CITY COUNCIL MINUTES March 1, 2010

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1 CITY COUNCIL MINUTES March 1, 2010 The Cadillac City Council met in a scheduled regular meeting on Monday, March 1, 2010, at 7:00 p.m. in the Council Chambers of the Municipal Complex, 200 N. Lake Street, Cadillac, Michigan. COUNCIL PRESENT: COUNCIL ABSENT: Staff Present: Mellema, Schippers, Spoelman, Stevens, Mayor Barnett None Peccia, Figliomeni, Garland, Roberts, Dietlin, Hawke, Nelson Mayor Barnett called the regular Cadillac City Council meeting to order at 7:04 p.m. APPROVAL OF AGENDA Agenda approved as amended Motion was made by Stevens and supported by Mellema to amend the agenda by moving Appointments from the end of the meeting to the beginning of the agenda, following Consent Agenda, to place an appearance of Stan Fawcett under the City Manager s Report as item VII-C, and to approve the agenda as amended. PUBLIC COMMENTS Terry Beck addressed council regarding a FOIA request. City resident David VanLente asked council to address the reorganization of the clerk/treasurer office quickly to help facilitate the transition. Jeff Olsen, president of Four Winns, thanked council for approving Industrial Facilities Tax Exemption certificates for the company, in the past, and gave a very positive overview of current operations saying that three companies will be headquartered in Cadillac. CONSENT AGENDA Consent agenda approved Motion was made by Spoelman and supported by Schippers to approve the City Council minutes from the regular meeting held February 15, 2010, the request from the Wexford Missaukee ISD to hang their April, Month of the Young Child banner over S. Mitchell Street March 29 - April 12, 2010, and the request from the Downtown Cadillac Association to display their Downtown Art Walk banner over S. Mitchell Street April 26 June 1, APPOINTMENTS VanLente and Telegenhoff appointed to Board of Review

2 Motion was made by Schippers and supported by Spoelman to appoint JoAnn VanLente to the Board of Review to represent the second ward and appoint Don Telgenhoff as an alternate for the fourth ward for two year terms, both ending on March 1, PROCLAMATIONS Mayor Barnett presented a proclamation to Boy Scout David Tomczak in recognition of the 100 th anniversary of the Boy Scouts of America and in appreciation of Cadillac Troop 125. The mayor was presented an aerial photo of his property as a thank-you for donating space to the troop for a clam bake outing. PUBLIC HEARINGS At 7:39 p.m., Mayor Barnett opened a public hearing to consider the request from Platinum Equity, a/k/a Four Winns, LLC, for the transfer of Industrial Facilities Exemption Certificates originally issued to Four Winns Boats, LLC. Jeff Olsen, president of Four Winns, again thanked the council and said it was the community support and the work force that makes Cadillac the best choice for the company. The public hearing closed at 7:40 p.m Transfer of Four Winns IFTs approved, Resolution No Motion was made by Stevens and supported by Schippers to adopt Resolution No approving the request from Platinum Equity, a/k/a Four Winns, LLC, for the transfer of twenty five Industrial Facilities Exemption Certificates originally issued to Four Winns Boats, LLC. COMMUNICATIONS Jean Kohler, Market Master, addressed council regarding the 2010 Farmers Market Farmers market requests approved Motion was made by Spoelman and supported by Mellema to approve the request from Jean Kohler, Market Master, to use the lakefront parking lot west of the Department of Environmental Quality (DEQ) building on Lake Street on Tuesdays and Fridays for the 2010 Farmers market beginning June 15 and ending October 29, 2010 and to approve her request to place two sandwich signs at the market place and two sandwich signs on Mitchell Street, contingent upon the signing of a use permit and the paying of a $ fee. Annmarie Kern of 3 Disciplines Racing answered questions from Council member Spoelman regarding the 2009 triathlon held in Cadillac. Spoelman expressed concern over safety issues and the lack of follow-through, with a non-profit group, on a promised disbursement of some of the proceeds. Kern acknowledged that there were problems and said Spoelman s concerns were being resolved Lumberman triathlon approved Motion was made by Stevens and supported by Mellema to approve the request from 3 Disciplines Racing to hold the 2 nd Annual Lumberman Triathlon on July 31, 2010, with the start/finish of the swimming event located between the Chestnut Street boat launch and the Keith

3 McKellop Walkway Bridge and the biking and running events beginning and ending at Veterans Stadium with Chestnut Street and other streets, as deemed necessary by the public safety department, closed for the safety of participants and spectators, contingent upon liability coverage secured with the City of Cadillac named as an additional insured and event organizers working closely with city staff. Ayes: Mellema, Schippers, Stevens, Barnett Nays: Spoelman Motion carried. Mayor Barnett invited the Boy Scouts and their leaders to introduce themselves to the council. CITY MANAGER S REPORT Regarding the pending retirement of Clerk/Treasurer Jan Nelson, City Manager Peccia again presented a recommendation, with added information, to fill the position. Mayor Barnett and Council members Mellema and Stevens reiterated that they felt the job should be posted and opened-up to the public. Council members Schippers and Spoelman disagreed saying that the recommendation was a cost savings and awarded employees that have worked hard Benson appointed city clerk, Lanning appointed city treasurer Motion was made by Spoelman and supported by Stevens to approve the appointments of Christine Benson as City Clerk and Keri Lanning as City Treasurer with both appointments becoming effective on March 15, 2010, following the swearing-in ceremony. Ayes: Mellema, Schippers, Spoelman, Stevens Nays: Mayor Barnett Motion carried. Jeff Hawke, Director of Public Safely and a member of the legal team, presented the team s recommendation of FosterSwift, of Grand Rapids, Michigan, to be the new city attorney and further recommended that the city continue to pursue prosecution services through the Wexford County Prosecutor s office. Mike Homier of FosterSwift addressed council as did Wexford County Prosecutor, Mark Smathers. Smathers said the Wexford County Board of Commissioners as well as the city council must approve a proposal for prosecution services Legal services recommendation approved Motion was made by Spoelman and supported by Schippers to approve the recommendation of the legal team to appoint FosterSwift of Grand Rapids as Cadillac s city attorney contingent upon the acceptance of a letter of engagement, to be presented to council on March 15, 2010, and to negotiate with the Wexford County Prosecutor s office for prosecution services. Township resident Stan Fawcett, rescheduled on the agenda by council, was not in attendance preceding the ARI analysis report but arrived during the presentation. Jim Brode of Fishbeck, Thompson, Carr and Huber presented an analysis of the Michigan Department of Natural Resources and Environment s (MDNRE) Adverse Resource Impact (ARI) of the Lutz/Fawcett property, which is under consideration as a city well field site. Brode

4 said there is a reasonable chance that the city would do the work requested by the MDNRE, at an estimated cost of $150,000 to $200,000, only to confirm an ARI is likely. He also said that if the amount of water pumped at the site is limited, the economics would not support development of a well field. Township resident Stan Fawcett arrived at the meeting and questioned Brode regarding the findings. Responding to Mayor Barnett, Brode said the city was not previously aware of the ARI, as the tool to measure it had just become available. Director of Utilities, Jeff Dietlin, reminded council that the purchase of the Lutz/Fawcett property was made contingent upon the results of the tests. Council member Stevens called for a review of well field options. City Manager Peccia asked for direction from council and said that development of the Blakely property buys some time, emphasizing that Cadillac citizens must be assured safe drinking water. Council member Schippers said it was essential to move ahead with what we have. Mayor Barnett said he was not ready to make a decision. Following further discussion, Fawcett offered to sell his property to the city for $30, Motion for no further testing of Fawcett/Lutz site, defeated Motion was made by Schippers and supported by Spoelman to do no further testing on the Fawcett/Lutz property, a potential well field site. Ayes: Schippers, Spoelman Nays: Mellema, Stevens, Mayor Barnett Motion defeated. City Manager Peccia said the city had received a request from Terry Beck for a Freedom of Information Act (FOIA) appeals hearing. Peccia said that Beck, however, did not qualify for a hearing as his request had not been denied. Peccia referred to a letter sent by the city asking for more information from Beck regarding his request and said that Beck had not responded. Following discussion, Beck submitted a revised FOIA request for April 2009 to City Attorney Figliomeni. INTRODUCTION OF ORDINANCES AND RESOLUTIONS Public hearing set for Four Winns easements Motion was made by Schippers and supported by Mellema to introduce Ordinance No which would amend the Cadillac City Code by adding a new section to permit the termination of grants of access and parking lot easements in the city and set a public hearing for April 5, 2010 to consider said ordinance Public hearing set for Cad-A-Stran easement Motion was made by Mellema and supported by Stevens to introduce Ordinance No which would amend the Cadillac City Code by adding a new section to permit the termination of an option to purchase the termination of grant of easement for road right-of-way located at the corner of N. Mitchell and Ayer Streets in the City of Cadillac. ADOPTION OF ORDINANCES AND RESOLUTIONS Ballot question resolution adopted as amended, No Motion was made by Schippers and supported by Stevens to adopt Resolution No approving the language of a proposed ballot question to authorize certain management practices

5 for the Cadillac Community Center (former Naval Reserve building), to change the word amendment on page 2 to ballot question and on page 3 to ballot question, and to adopt the resolution as amended Public hearing set for water system improvements, Resolution No Motion was made by Schippers and supported by Spoelman to adopt Resolution No.1906 setting a public hearing for April 5, 2010 to receive comments on the proposed Water System Improvement project. MINUTES OF BOARDS AND COMMISSIONS The minutes of the Cadillac/Wexford Transit Authority from the meeting held January 21, 2010, the Wexford County Board of Commissioners from meetings held January 20, 2010 and February 3, 2010, and the Cadillac Planning Commission from the meeting held December 28, 2009 were presented for information only. PUBLIC APPEARANCES City Attorney Roger Wotila complimented council and staff on their foresight to purchase the Blakely property as a well field site. GOOD OF THE ORDER The mayor and council members recognized and thanked city staff and community members involved in the betterment of the city. ADJOURNMENT As there was no further business to come before the City Council, the meeting was adjourned at 11:12 p.m. Respectfully submitted, William S. Barnett, Mayor Janice E. Nelson, City Clerk